NCJ Number
47214
Journal
Policy Studies Journal Volume: 3 Issue: 1 Dated: (AUTUMN 1974) Pages: 30-37
Date Published
1974
Length
8 pages
Annotation
THE HORIZONTAL FRAGMENTATION PRODUCED BY DISJOINTED LINKAGES IN THE POLICE/COURT/CORRECTIONS COMPLEX ARE ANALYZED.
Abstract
THE CRIMINAL JUSTICE SYSTEM IS NORMALLY PRESENTED AS A CONTINUUM, LINKED BY PROCEDURAL FIXATIONS SUCH THAT THE POLICE ARE LINKED TO THE COURTS THROUGH BAIL, PREVENTIVE DETENTION, AND PLEA BARGAINING, AND THE COURTS ARE LINKED WITH CORRECTIONS BY SENTENCING AND PROBATION/PAROLE. HOWEVER THESE TRADITIONAL LINKAGES ARE ILL-DEFINED AND ARE UNDERGOING MARKED TRANSITION. FURTHER, THE THREE AGENCIES HAVE DIFFERENT CONCEPTIONS OF THESE LINKAGES AND MAKE PROCEDURAL DECISIONS REGARDING THEM WITH LITTLE OR NO ATTENTION TO THE IMPACT OF THESE DECISIONS ON THE FUNCTIONS OF THE OTHER AGENCIES EXCEPT IN THOSE INSTANCES WHEN A CONSCIOUS ATTEMPT AT INFLUENCE IS BEING MADE. THE CONTINUUM IS ALSO COMPLICATED BY A HIGH DEGREE OF DISCRETION AND ISOLATION AT EACH POINT. FOR INSTANCE, BAIL PROCEDURES, INTENDED FOR THE SOLE PURPOSE OF ASSURING A SUSPECT'S APPEARANCE AT FUTURE PROCEEDINGS, IS USED BY POLICE AS A FORM OF PREVENTIVE DETENTION. THROUGH PLEA BARGAINING, THE PROSECUTOR IN ESSENCE DETERMINES BOTH THE CHARGE AND THE SENTENCE FOR THE OFFENDER RESULTING IN A SITUATION WHERE THE JUDGE MUST ACQUIESCE TO PROSECUTORIAL AGREEMENTS. FINALLY, WHILE SENTENCING, PROBATION AND PAROLE SHOULD PROVIDE LINKAGES BETWEEN THE COURTS AND CORRECTIONS, CORRECTION AGENCIES HAVE DONE LITTLE TO INFLUENCE SENTENCING PRACTICES; LITTLE OPPORTUNITY FOR THEM TO INTERACT PROCEDURALLY WITH THE COURTS IS PROVIDED. IN ADDITION, THE COURTS ARE IN GENERAL UNABLE TO ENSURE COMPLIANCE WITH THEIR DECISIONS BY OTHER AGENCICES. IT IS CONCLUDED THAT THE FRAGMENTED DYNAMICS OF CRIMINAL JUSTICE SYSTEM INTERACTIONS MAKES THE TASK OF THE POLICY SCIENTIST AND THE PROGRAM PLANNER DIFFICULT. WHAT WILL BE REQUIRED IS A MUTUAL EFFORT ON THE PART OF POLICY SCIENTISTS, PROGRAM PLANNERS, AND PRACTITIONERS TO DEVELOP RATIONAL LAW ENFORCEMENT, CHARGE, SENTENCING, AND PROBATION/PAROLE GUIDELINES WHICH WILL ALLOW FOR INTERGRATED AGENCY FUNCTIONS AND COORDINATED INTERAGENCY COOPERATION. REFERENCE ARE INCLUDED. (JAP)